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After the application for execution, the two parties have settled privately. Should the court still charge the execution fee

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After the application for execution, the two parties have settled privately. Should the court still charge the execution fee


        

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  • 2024-06-14 17:00:01

    After the application for enforcement, the two parties have settled privately. Should the court still charge enforcement fees? Even if it is private, it should also pay the execution fee in full. Unless the people's court decides not to accept or reject the lawsuit, it will be rejected. As for the bearing of the execution fee after the withdrawal of the application for execution, the law clearly stipulates that, according to the provisions of Article 23 of the Measures of the People's Court on Litigation Fees, the case acceptance fee and application fee paid for the case of suspension of litigation and execution will not be refunded. Article 27 stipulates that if the people's court of second instance decides to remand the case for retrial, it shall refund the fees paid by the appellant for accepting cases of second instance. If the people's court of first instance decides not to accept or reject the lawsuit, it shall refund the case acceptance fee paid by the parties; The parties appealed against the ruling of the people's court of first instance that the case should not be accepted or dismissed. If the people's court of second instance upholds the ruling made by the people's court of first instance, the people's court of first instance shall refund the case acceptance fee paid by the parties.
    In addition, the Measures for Litigation Fees of the People's Court also points out several issues concerning fees: Article 29 stipulates that litigation fees shall be borne by the losing party, except for those voluntarily borne by the winning party. If the case is partially won or partially lost, the people's court shall, in accordance with the specific circumstances of the case, determine the amount of litigation costs to be borne by the parties. If a party to a joint action loses the case, the people's court shall, in accordance with his interest in the subject matter of the action, determine the amount of litigation expenses to be borne by each party. Article 30 stipulates that if the people's court of second instance changes the judgment or order made by the people's court of first instance, it shall correspondingly change the decision of the people's court of first instance on the burden of litigation costs. Article 31 stipulates that in cases where the people's court has reached an agreement through mediation, the burden of litigation costs shall be settled through consultation between the two parties; If consultation fails, the decision shall be made by the people's court. Article 32 stipulates that for retrial cases where the case acceptance fee shall be paid according to the provisions of Items (1) and (2) of Article 9 of these Measures, the litigation fee shall be borne by the party applying for retrial; Both parties apply for retrial. The litigation expenses shall be borne in accordance with the provisions of Article 29 of these Measures. The burden of the litigation expenses of the original trial shall be re determined by the people's court according to the principle of the burden of litigation expenses.

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    2024-06-14 17:00:01

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